¶1This is a companion case with number 6949, wherein Martha A. G-arrison is plaintiff, and Wayne O’Donald et al. are defendants, decided at the present term. This suit is to recover the $500 note mentioned in the answer of the O’Donalds in number 6949. The evidence in this case is the same as in the O’Donald case, except the deposition of the plaintiff was taken and read in this case, from which it appears that Sheppard had express authority to make the contract of novation pleaded in this, as it was in the O’Donald case. For the reasons stated in the O’Donald case, the judgment in this caséis affirmed.
73 Mo. App. 631
Garrison v. Ringland
Decided February 15, 1898
Missouri Court of Appeals · decided 1898-02-15
— Hon. James T. Neville, Judge. The only evidence in this case even tending to show a release and acceptance is parol, and inadmissible. 1 G-reenlf. Ev. [12 Ed.], p. 312, sec. 275; Lawson on Con., p. 394, sec. 372; Burner Bros. v. Strong, 61 Tex. 555: Sirk v. Ma, 163 Mass. 394; Johnson v. B’y, 141 U. S. 602; Newman v. Bank, 70 Mo. App. 135. No proof as to the words and acts of an agent are admissible until his agency is established by proof. White v. B. B., 19 Mo.
Abblrmed · Decided 1898-02-15